The old man said his son did not perform their duty to play 11 lawsuit to recover the house – old man said his son did not fulfill the obligation to support the 11 lawsuit to recover the housing grant refused the Analects as the saying goes, in fact, you can say it again, the law, for a lot of things in the family life, have clear rules and constraints, we really should Study hard. From 2012 to now, nearly eight years old Zhang and his son has played 11 lawsuits. Lao Zhang said, Xiao Zhang refused to fulfill the obligation of support, he asked to revoke his son’s property. In order to real estate, and this is how Former friends become enemies with each other., one thing? Originally, 18 years ago, Lao Zhang bought an area of 43 square meters of housing in Guangzhou, after the gift of his son, and now the property registration card is the name of his son. However, the house has been rented and rented by Lao zhang. In July 2015, Zhang again son to court, said he suffered from lung cancer, the son refused to perform their duties, and Zhang in January 2015 to the Guangzhou Liwan District court administrative proceedings, asked the Guangzhou city land and housing authority to revoke the Zhang name and another set of property registration, Zhang’s attempt to seize property, so the requirement to revoke the gift the son of real estate. Prior to this, Lao Zhang has repeatedly sued his son, to discuss the rebate and his son’s house, but the court dismissed the lawsuit request. Xiao Zhang is actually more than 50 years old, he said, although his parents divorced, but he has a harmonious relationship with his father. Until 2011, when things turned sour, the old man married his third wife, 30 years younger than he was. Zhang’s biological mother Li has been more than 70 years old, in July 2011, Lao Zhang called Lee, said to take back to Zhang’s house, transferred to the new wife. Of course, Xiao Zhang didn’t want to. He wrote a letter to his father. He was grateful for his father’s gift and said that the house had already been transferred and he had the right to dispose of the house. And the father did not get his consent to rent the house is invalid behavior, he wanted his father to transfer the house to him as soon as possible, he intends to sell the house, the proceeds have other purposes. In this way, from 2011, Zhang orally recovered the house without fruit, the relationship between father and son completely broken, and small Zhang did not use the case involving housing. As for the issue of maintenance, Xiao Zhang said he did not refuse to support the obligation, but also willing to pay alimony to his father. Location: Guangzhou Haizhuqu District people’s court, Guangzhou City Intermediate People’s Court of the first instance dismissed all claims of Zhang, Zhang for the revocation of the case involving housing donation and change the registration of property rights to their own lack of evidence, not supported. Second instance upheld the original verdict. On the basis of: the court held that the effective civil judgment had already confirmed that the case involved was donated by Lao Zhang to Xiao Zhang, and it was an effective gift. According to the "People’s Republic of China contract law" provisions of article 192nd, the recipient of one of the following circumstances, the donor may revoke the gift: one is a serious violation of the donor or donor close relatives; two is failing to perform support obligations to the donor; three is not to perform the obligations stipulated in the contract of gift. Prop

老翁称儿子未履行赡养义务 打11场官司追讨房屋   ●老翁称儿子没有履行赡养义务   ●打11场官司追讨赠与房屋被拒   本期论语   俗话说,清官难断家务事,其实,法律对于家庭生活中的许多事情,都有明确的规定和约束,大家真应该好好学习一下呢。   从2012年至今,年近八旬的老张和儿子已经打了11场官司。老张称,儿子小张拒不履行赡养义务,他要求撤销赠与儿子的房产。为了争房产,父子反目成仇,这究竟是怎么一回事呢?   原来,18年前,老张在广州买了一套面积43平方米的房屋,后赠与儿子,现在房产证上登记的是儿子的名字。不过,一直以来,这套房屋都由老张出租和收取租金。   2015年7月,老张再次将儿子告上法庭,称自己身患肺癌,儿子拒不履行赡养义务,且小张于2015年1月向广州市荔湾区法院提起行政诉讼,要求广州市国土和房屋管理局撤销老张名下另一套房产的登记,企图夺取老张的房产,因此要求撤销对儿子的房产赠与。   在此之前,老张已多次状告儿子,要讨回赠与儿子的房屋,不过均被法院驳回诉讼请求。   小张其实已经五十多岁了,他说,虽然父母离异,但他与父亲的关系一直融洽。直到2011年,事情发生转折,那一年,老父亲娶了比他小30岁的第 三任妻子。小张的亲生母亲李某已经70多岁,2011年7月,老张打电话给李某,称要收回给小张的房子,转给新妻子。小张当然不愿意,他给父亲写了一封 信,信中对父亲的赠与表示了感激,并称房屋早就已经过户,他有权处置房屋。而父亲没有获得他的同意出租该房子是无效行为,他希望父亲尽快将房子移交给他, 他打算将房屋卖掉,所得款项另有用途。   就这样,从2011年开始,老张口头追讨房屋无果,父子关系彻底破裂,而小张也没有使用过案涉房屋。   至于赡养问题,小张称,他没有拒绝赡养义务,也愿意向父亲支付赡养费。   地点:广州市海珠区人民法院、广州市中级人民法院   结果:一审驳回老张全部诉讼请求,老张要求撤销对案涉房屋的赠与及变更产权登记至自己名下的依据不足,不予支持。二审维持原判。   依据:法院认为,生效的民事判决已经认定案涉房屋是由老张赠与小张的,是有效赠与。根据《中华人民共和国合同法》第一百九十二条规定,受赠人有 下列情形之一的,赠与人可以撤销赠与:一是严重侵害赠与人或者赠与人的近亲属;二是对赠与人有扶养义务而不履行;三是不履行赠与合同约定的义务。   在本案中,老张提供的证据不足以证明小张存在拒绝履行赡养义务的行为,且小张提起的行政诉讼没有严重侵害老张,故对于老张主张的儿子不履行赡养义务及侵害他的主张不予采信。(谢源源) 责任编辑:倪子牮相关的主题文章: